Judge weighs request to stop nation’s first execution by nitrogen, in Alabama

A federal judge heard diverging arguments Wednesday about the humaneness and risks of execution by nitrogen gas as he weighs whether to let Alabama attempt the nation's first use of the method. Attorneys for Kenneth Eugene Smith are asking a judge to block his Jan. 25 execution by nitrogen hypoxia. Robert Grass, an attorney for Smith, told the judge the execution method “exposes Mr. Smith to the risk of superadded pain” which is not allowed under the U.S. Constitution.